HomeMy WebLinkAbout1.0 ApplicationROBERT F. PETTS
22 Southhall Ct.
Wayne, N.J. 07470
Phone 201-686-9335
Fax 201-686-9329
November 10, 1997
Mark L. Bean, Director
Building & Planning Dept.
Garfield County, Co.
109 8th St. Suite 303
Glenwood Springs, Co. 81601
RE: Petts-Holmes Subdivision
Final Plat Requirements & Supplemental Information
County Final Plat Regulations
Dear Mr. Bean:
5:20 Final Plat addressing 5:21 through and including 5:24 attached (as,discussed,supplied direct to you)
5:25 Pertains to condominiums and is not applicable.
5:30 Supplemental Information:
5:31 A) Not applicable, no public improvements proposed; both lots have county road frontage.
B) Not applicable, no subdivision public improvements proposed.
C) Certification from county treasurer attached showing all taxes paid.
D) Copy of subdivision covenants attached containing suggestions from county planner.
E) Water: well sharing agreement attached. Sewage to be individual septic systems. Both lots
front on county road.
F) Does not apply per review with county planner.
G) Well report from Collins drilling attached showing evidence of adaquate legal water supply and
documentation consistant with county resolution requirements.
Two (2) checks attached for $200.00 each to Garfield County Treasurer; #1 for school impact fee and #2 for
final plat fee.
Conditions for approval: County resolution #96-75
1) Representations have been completed per requirement.
2) School impact fee attached.
3) Final plat with all requirements included is attached.(supplied direct by surveyor)
4) Well report and documentation addressing all requirements for Resolution #4 attached.
5) Driveway permit attached.
Attached copy of covenants outlining county resolution requirements.
Sincerely,
Robert F. Petts
COLLINS DRILLING & PUMP SERVICE, INC.
PO Box 0516
Carbondale, CO 81623
(970) 945-4079 • Fax (970) 963-2812
October 7, 1997
Garfield County Planning & Zoning
109 8th Street
Glenwood Springs, CO 81601
To whom it may concern:
This letter is in regard to the well we drilled 7/30/97 for Robert F. Petts,
permit number 188850, located in Garfield county in the SE 1/4 of the
SW 1/4, Section 33, Township 6 S, Range 87 W 6th P.M., 900 feet from S
Section Line and 2900 feet from E Section Line. This well is 260 feet deep
and is producing 3 gallons per minute, or 4,320 gallons per day. It is our
opinion that with adequate storage facilities and a properly designed
water system this well will produce enough water to support two
households. If you have further question please contact me at the
number above.
Sincerely,
Bill Collins
Water Wells • Piling Holes • Elevator Shafts • Pump Tanks
Residential, Commercial, Agricultural Irrigation • Pump Sales & Service
'""M NO.
(;ws.s i
10/94
WELL CONSTRUCTION AND TEST REPORT
STATE OF COLORADO, OFFICE OF THE STATE ENGINEER
For office Use only
1.
WELL PERMIT NUMBER 1 q s S�d�,'
2
OWNER
Mailing
City,
Phone
NAME(S) �b�r ��l S C a -14l kJM I VMA
Address 10 i : ' 2Q-;
St. Zip \/'U -RC1 r i i u• IV.3 OlLi g0
f
(1401 ) 1 2.,t; -- 1St-}
3.
WELL LOCATION AS DRILLED: S-1.1/4 6W1/4, Sec. -33 Twp. (' S , Range S' 1 W ColT/ki,
DIS ANCES FROM SEC. LIjyES: pp��
ft. from Sec. line. and zq� ft. from G Sec. line.
-(rsart
OR
FILING(UNIT) .
SUBDIVISION:
STREET
r�ou m) (oast or west)
LOT BLOCK
ADDRESS AT WELL LOCATION:
4.
GROUND
DATE
SURFACE ELEVATION
ft. DRILLING
TOTAL DEPTH
METHOD
COMPLETED •
'() ft. DEPTH COMPLETED ,;".?Z (j ft.
5. GEOLOGIC LOG:
Depth Description of Material (Type, Size, Color, Water Location)
C) - s' !<�7'`L14 -n
6. HOLE DIAM. (in.) From (ft) To (ft)
Q d c4 0
d % a n ..?Zv
mss- its tr/d.y
/'C-�-13'� r,., •r_.'
7. PLAIN CASING
OD (in) Kind Wall Size From(ft) To(ft)
Zr .5-. /A, c4/ a u
- "4.-
,,23/ 0240
e'0 c <A
f!D
,.? U 2_6
PERF. CASING: Screen Slot
,c"; /9/.1 e- szL.
Size:,...„ -
ya / y d �dQ
8. FILTER PACK:
Material
9. PACKER
Type
Depth
PLACEMENT:
Size
Interval
10. GROUTING RECORD:
Material Amount Density Interval
0. d--_-. -,- 45/64`,'I A_-_/_ .Do -
Placement
ad- Aute -hi
REMARKS:
1
DISINFECTION: Type 4-2,:-..._r
Amt. Used � S`s_ /
is submitted on Form No. GWS 39 Supplemental
Well Test.
. 2. , gpm.
2
WELL TEST DATA: Ti Check box if Test Data
TESTING
Static
Pumping
Remarks
METHOD /ii i tr
Level L ` ft. Date/Time measured 7/2 3- , o "..., , Production Rate
level a 4 ft. Date/Time measured ?/ z t- & p „� , Test length
(hrs.)
3. I have
C.R.S.,
CONTRACTOR
Mailing
read the statements made herein and know the contents thereof, and that they are true to my knowledge. [Pursuant to Section 24-4-104 (13)(a)
the making f false statementsTherein constitutes perjury in the secon degree and is punishable as a class 1 misdemeanor.]
I11 AA L�rllll * P(�(,%p svc, IkC. Phone 410 ) '1 - 407q Lic. No. (034-t.
Address 4. L 05-1 '' C4 r 011��C��l 6 SI&Z 3
Name/Title (Please typor print)
Signature �%(�''�_
Dat
Remoras from:
Customer Na
JOHN C. 4ART &cn.
GAPkrit, Vt_tj
43S INICJP114 r 111-14.R•IE 242- 251s • t3R Pa bUC IIC1:01..,04! A VC/ • t
fe.17,••:)3k.T
1 i q.M' ,
8tepriar,ie
Curbond.--Ar, CO i6.1,h2.
i-AXa
UouriMteyt0— Srapi.-
Def. ftocerrikd .
Lab
Sample fD 74-4e713 1
Arsenic(4170 G.00( mq/1
BariumFia.) 0.09 mg/1.
Catimiud) 0.0000 mg/I
Chromi0mCr) 0.001 mgil
Fluorida“F, 0.26 mgil
U)04 mg./1
Mercury(Hq) 0.00000 mgil
NitrAto(N) u.29 mg/1
Selen,Jmf4F.,) 0.000 mq/1
Silv,nr(4g) 0.0000 mc1/1
Color(r_niPt unit.) 0.25
PH i,.96
Conduttivity&25 dPg. C 1300 umhos/cm
Dedium0%1A) 18.1 mg/4
Calcium(ra) 200 1h7;,/ ,.
MaionvM9) 40 migfi
Potassium(10 2.4 mg/1
Cloridet(L1) 8 mg/I
all4atr4;04) 41Q mi71/t
Phelmol. Alk,a1inity(CaCO3) 0 mg/1
Total Alkalimity0-;aCO3) 27 mg/1
Bicarb.te0-CM;)
Car-bdrNate(CO3) 0 ttliD/
Dissolved Solids 820 mg/1
Hardrie (CACOZ 622.4 mgii
Tur-bidtty 66
PmroniB) 0.16 mq/1.
CopperCo) 0.016 mpt1
IronWe) 0.00 moil
t,UngArtesedra0 o.26n mg/1
Molybdenum(Mo) c).002 mq/i
Ammonia(N) 0.!5Z mgil
Phoiapl-,a1e(P1 0.0Z mizi;.
Zinc(2n) 0.0!'39 mg/3.
AmmwmrAMMNigilmmempmempiw-----'4r
L. 1 r1 t.
mr.jr.
tyc/1
mg/1
0.05 m1
4 mgil
5 mg/1
0.002' rItc4/1
10.0
0.01 mgi1
0.0tt mg,A
r10 c)+41.c1a3
0,C4.,1-1
no of-fir.ial limit
20 e',/1
nd 1tmit
no o4-Ficlas.t
20 T.f4/I
150 mg/1
no ilmit
no ial. limit
11Mit
50..; F1 -4-g/1
s(2/i
1
:11.D limit
1_0 Thi
1)=..v1
mgil
no o+41.-..lial 11mit
no o44.1c.-;,al
rlo
.Limit
5.0 it,g/1
1:auvr
TTIL F.
ASPENEARTHMOVING
P 1A 1
I, RCWrRT P[Th (herein called Aerdicnt"). hereby requests
permisslon and authorlt from the Board of County Comm1•dneto construqt
driveway approach(e) on the right-of-way of (=irficid County f,00d Number 113
adjacent to Applicant. property locted on the WT ide of the road. a
distance of 2.5 MI milo() from INT CR1]Z-', for the purpoe of
obtalnind access to PTATF. RCSYDENCF
Applesnt submits herewth for Lne oonsidorat1n and il.p0F.0val
of the Fioord of County Commiionrs, a sketch ot t!'e nropoed
showing a31 necessary spoqificatIon detail incJidind (1) front-
age of lot along, road, (?) distance from centerline ot red to
property 1:ine, (3) number of driveways reouested, (ii) width of pro-
posed driveway(s) and angle of approach, (5) distanco from drivf:
Lo road intersection, if ony, (5) size ond shape of i_Tr6 seonrot),,c
drivewoYs if more than one approach. and (7) setbDcK
buiding(s) tH 0to struotnres or 'ufInrovom,?nts,
1D:953,1247
N
NOV 0797 12:2? No.007 P.03
\r•
--;
i '.t
L it : rJ '4 -•97 ri
._ _.._.
M T T
LJo 1-(1/-1997
V i
r1R.s-H ,4442i5.0.FInt represents al) parties in interest, ond offirms
that the driveway npnroach(et›) is to be .:7onstrL(oted by him for the
bona fide purpose of securind accss to hi.; ;croperty and not or the
purpose of doing bu os or servicing vehicles on the roci rioht-of-wy,
SEC6ND: An,11G,'Llnt shall furnish all )bo r &inb maters, perform
all work, 6nd pay all costs in oonnection twith tino ccnstruction (A the
driveway(s) and its appurtenances, on the right-ef-wa.y. Ali work 'M)&112
b comnleted within 30 days of tho.Porm5t
.JiE type of construction shall, Pe as designated and/or approved
by the Board of County Commissionors or their representative, and all
materials used shall b of satisfactory duality 6rd stihiot to inspec-
tion and approval of the Board of County Commdionors or their
epresro:ative,
EQUS' To traveIino public shall hE3 DrotootElu durino the intal-
lation with proper warning ::*Igns one signal and the Board of County
Commisioners ond their duly :ippointed aoents and omployeles ;1)).1 be
held harmless against any action for personal in-lury or ProbertY
damage sustained by reason of the exercise of the Permit.
ASPEN
10:9632247
NOV 0797 12:27 No .00? P.04
Garflid County Road & Bridd Oni.7.1rtmot
G.Lnwood Snrinqs, 70 0167?
910-9(!7,-6111
FaXT
King Lloyd, ;11p,:•rvor
Please remit for the fol3ciwing permit():
ROEERX PETT
Pc XX .?.6e=
.0WMASS
Utility Cut Permits -#"s: Frorri
14 n
Cl 7
Driveway •Pc4rms-4s: Frorn: 069-91 To
Over Sie From
Over Weight Permits-# r.rom:
Please Put Permit #'s On Check
Paid 7 (YeS or No)__Crec-k f4
_
To:
11'07-1997
lit1-07-97
Hc)11'.2fl
7TP:
)1_
.00
069-97
TrA0 .00
7nta1 Ovdr- .00
FE.,ix/Adriiinistration Chrc)os7
DLF
t'd
.00
ASPENERTHMOVING
ID:q632247
NOY 07'97 12:26 No.007 P.02
• , .
P rC:1 F 1 r A TIONb
1. A drivo -.oproach is understood to be that bortion of the high-.
wEiy right -t -way between the pavement edge and the property line which
is designed and used for the interchange of traffiL: between the road-
waY Pavement and the abutting property.
2. At any in(,ersection, a driveway shall be restricted for a suf-
ficient distance from the intersection to preserve the normal and safe
movement of traffiG. (It is recommended for rural residence entrances
that a minimum intersection clearance of 50 feet b1 provided and for
rurc)1 commero'ial entrances 6 minimum of 100 feet ne provided.)
3. All entrances and exits shall be sc located and constructed that
vehlolos ariproachinn or using them will be able to obtin adequate
ight '-ct5.nc.o ih both diredtions along the highway in order to maneuver
!,,thout interfering with highway traffic.
J-,1(2.art 7fl1a not b permitted to erect any sign or diplelY
matri61, ei_tner fixed or movable, on or extending over any or
Of the niahway right-of-way,
J. ..i_11Y, no ;o:L,re than one acproaGh shall be allowed anY Parcel
or property the frontage of which Is less than one hundred (100) feet.
Addtional entrances or exits for parcels or property having a front
in ,ccess of ohe hundred (100) feet shall be permltted only after
sho.v,)ing of actual convenience and necessity.
6. All driveways tialI be so located that the flared portion adjacent
traveled way 11 not encroach upon adjoining Property.
oommercia:l driveway shall have a width greater than thirty (30)
feet measured at right anales to the centerline of the driveway, except
as inLLfsed by permissible radii. No noncommercial driveway shall
hav width dreater than twenty (20) feet mPasured at right angles to
the
ter .1 of the driveway, except as increased bY Permissible radil.
8. The exi. of 60 approach to the road may be at a riont angle to the
centerline of the highway and of any angle between j -flet'' (90) deurees
and sixty (60) deance.:; but shall not be less than sixty (60) degrees.
Adjustment win be made (tx.,.c.rding to the type of traffic= to he served
and other physical conditions.
construction (7 barking or servicing areas on the highwaY
ridht-of-way is specificall,y prohibited. Off -the -road parking fe:cii-
ities should he nrovAded by commerQial eltablishmets for customers
vehj_clos.
2.6 6ride ()I" 2Pt.j',.:Ie ;rid exit shall slope downward a.nd away from
the rood .ur.face at the same rate'ei the normal shoulder slope and for
a distance eddol to r.i(E, width of the. shoulder but in no case less than
twenty (20) feet from the Pavement edae. Approach grades are restricted
to net more thn 10 percent (10%). ,
11. Al1 ciLivay;::. and approaches shall be so constructed that they
shall not inerfere with the drainage system of the street or highway,
The Applicant will be reauired t provide, at his own expense, drain-
ag, .tructuro at entrances and exits which will become an Integra],
00.rt of the existing drainage sytelii, The dimensions of all drainage
structure:, must be approved by the Board of County Commissionw's or
their representative Prior to in:,..tilation.
NOTE: This permit shiAll he made available at tne site whore and when work is
being done. A work st:etph or drawing of the proposed drivoway(s) must accompany
applicatin. No permit w1ll be is:7,ued without drawing, bluprint, or sketch.
IFT: T;ft? 4.r) shall assume ..nsitiiity for the removal or
(,-)r sleet uo0n any oor.to of the driveway alp:
evri tl-,ough deocited on the drivewy(s) in the course oh
!7t1( troval oneror,
it bc•‹,omes nc,,,(Jessary to reN.7.)v any right-of-waY
fence, treth eitner side cf the ont,7-etI be -F„ocurly
bracod fnbe (7•.ut to prevent •.,1a.cing of tho remain-
ing fenc.?.. reroo,,Jed bo turned ove to the
Diz,trt !._;u;Dorvis,r,,r of thc? of 7r7,un
to tho drivewY()
oL armIntinan'::,, on the to,Th-lot.: the wrItten ner!ni-
sionc ard coubty
horeir a001Y on
under jr.'c.2,d1(7:tir of the Eserd ),r“
CrALfl C:olordo, and i7h,r:, - forth on the
heoef .1-)c;orr)or:,-Itn3d he,
r 0.1
A
•
TW(J YEAR3 FRCJM DATE
OWP CLVERT
6ncl ;Jpon and
the drtvw.-..,i.y
. he tho
,.:7endltiQns Lo th(--) drtv(
A ot-
"..
Jt
Nijillher)
1
/
SUT3JET TO THE
AND 1uNfli:T.wN5 STTPULTL:n
_,..,r , , f.44.0! -, 114). ,... I (...,-:- V ''- 1,---)1 d (.,...:unry Colorado
- .7,
AnN
9NIAINHldH3N3dSU
COLLINS DRILLING & PUMP SERVICE, INC.
PO Box 0516
Carbondale, CO 81623
(970) 945-4079 • Fax (970) 963-2812
October 7, 1997
Garfield County Planning & Zoning
109 8th Street
Glenwood Springs, CO 81601
To whom it may concern:
This letter is in regard to the well we drilled 7/30/97 for Robert F. Petts,
permit number 188850, located in Garfield county in the SE 1/4 of the
SW 1/4, Section 33, Township 6 S, Range 87 W 6th P.M., 900 feet from S
Section Line and 2900 feet from E Section Line. This well is 260 feet deep
and is producing 3 gallons per minute, or 4,320 gallons per day. It is our
opinion that with adequate storage facilities and a properly designed
water system this well will produce enough water to support two
households. If you have further question please contact me at the
number above.
Sincerely,
Bill Collins
Water Wells • Piling Holes • Elevator Shafts • Pump Tanks
Residential, Commercial, Agricultural Irrigation • Pump Sales & Service
WATER WELL COMMUNITY
SHARING AND MAINTENANCE
AGREEMENT
THIS AGREEMENT is entered into on the date set forth below to be
effective ,1997, by and between ROBERT F. PETTS and CATHLEEN
E. HOLMES, whose address is 22 South Hall Court, Wayne, NJ 07470, and their respective
successors in interest in the ownership of those real properties described as Lot 1 and Lot
2, Petts/Holmes Subdivision, Garfield County, Colorado (hereinafter "the Lots").
WHEREAS, each of the parties and their successors in interest are to
be the joint owners of Well Permit No. 188850 and shall be joint owners of a water well and
casing to be constructed and installed and the water to be diverted by said well system for
providing domestic water for all permitted uses on the respective properties of the parties;
and
WHEREAS, the well and casing and pump shall be utilized by said
owners as a lawful water right; and
WHEREAS, the water well and system will require drilling, completion
and continuing maintenance and operation, the costs of which must be borne by the owners
and users thereof; and
WHEREAS, the well permit contemplates perpetual, though not
constant, use and operation of the well, pump and the appurtenant structures; and
WHEREAS, said owners as parties hereto desire to enter into this
agreement for the purpose of clarifying respective rights and duties and establishing
easements and procedures for jointly operating the water well and delivering water to the
properties of the owners, and for providing a method for equitably dividing the water
derived from operation of the system, and for equitably allocating the shared payment of
costs of operation and maintenance of the water well and its pump and other structures by
all of the parties.
NOW THEREFORE, in consideration of the mutual obligations,
promises, and covenants set forth herein, and the due performance thereof, and for other
good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, including but not limited to the acceptance of the benefits and detriments
deriving herefrom, the above-named parties agree as follows:
1. The respective owners of each of the Lots shall be deemed to
own an undivided one-half (1/2) share of the subject well permit, well, pump, power source
for the pump, fittings at the well head, meter (whether existing now or to be installed at a
later time), pumphouse, foot valves, and any pipes or pipelines and any other structures
which are jointly used. Each owner agrees to construct an individual water tank of not less
than 1,000 gallon capacity on such owner's lot in compliance with the Resolution of the
Board of County Commissions for Garfield County, Colorado, approving the Petts/Holmes
Subdivision.
2. No owners of the Lots are deemed to have any ownership right
in and to any pipe, pipeline or other structure used or required solely by the owner of
another of the Lots which may utilize any portion of the water flowing from this water well
and its structures. This agreement does not intend to relate to such individually owned or
used rights or structures. Nothing in this agreement shall be construed to give any party any
rights to such non -shared property of other parties nor to obligate any party to pay any costs
associated with non -shared structures.
3. The parties shall cooperate with each other at all times in all
matters necessary to promote the proper construction, completion and functioning and use
of the water system in such manner as to provide to their respective uses an optimum water
supply on demand at all times possible based upon the natural availability of water. The
parties agree to not waste water and to endeavor to use no more than their respective shares
of the available water. At this time it is agreed that no individual water meters must be
installed. If at any time after the date hereof, either party requires that meters be installed,
then each of the parties shall install meters at the individual expense of each party. Waste
or over -use shall be deemed to be a material breach of this agreement for which the non -
defaulting parties may seek remedy at law or equity for damages or for injunctive relief, or
both. Irrigation uses shall be limited to not more than five thousand (5000) square feet of
lawn and garden on each parcel. Unless otherwise agreed by both owners, no owner shall
use more than one-half (1/2) of the water legally allocated to the well. In the event the water
physically available from the well is less than the legally available amount, then each owner
shall proportionately reduce the consumption of same to one-half (1/2) the amount actually
available.
4. The actual and continuing costs of operation, maintenance,
construction, extension, upgrading, cleaning, repairing and all other work required on shared
components of this water system to cause the water at the well to become and remain
available to deliver water to the parties shall be shared by the parties in proportion to their
share in the well. This agreement shall relate only to costs incurred after the date hereof.
Nothing in this agreement shall require reimbursement by any party to any other person or
party for any costs incurred prior to the date hereof. Electrical charges for the operation
of the well shall be shared equally, or in the event meters are installed, in proportion to the
water utilized by each party. In the event the electric service to the well is not separately
metered, the cost of electric service shall be estimated, based upon the power demand the
well service adds to the service of the party paying a pubic utility for the electric service.
No operational costs will be charged to any party until such party actually makes a physical
connection to the well and begins using water from same.
2
5. Subject to the provisions in paragraph 4 above, any party who
has been using water from this system and at any time elects not to share in costs, necessary
repairs, maintenance, replacement and the like necessary to maintain the water well and
deliver the subject water, shall not receive water from the system. At such time as said
electing party chooses to resume use of water from the system said party may do so upon
reimbursement to the other users the full cost of said party's share of such expenditures with
legal interest retroactive to the expenditure date.
6. The owners agree to cooperate in the maintenance, operation,
repair, replacement or improvement of all common facilities. In the event the owners are
unable to agree on any required maintenance, repair, replacement or improvement, either
owner shall be entitled to undertake the minimal maintenance, repair, replacement or
improvement necessary and essential for proper functioning of the common facilities. In the
event an owner determines to undertake such work unilaterally, such owner shall notify the
other owner in writing. The owner undertaking the work shall, upon completion, provide
the other owner with a written statement of work performed and the other owner's
proportionate share of the cost of same. In the event an owner fails to pay any amount due
within thirty (30) days after presentment, the owner which has paid such cost and expense
shall be entitled to pursue any remedy available at law or in equity for a breach. The Court,
in its discretion, may award to the prevailing party Court costs and attorney's fees incurred.
7. The owners of each of the Lots shall be deemed to grant by this
agreement such permanent, non-exclusive easements across their property as necessary and
sufficient for this agreement to be performed for the benefit of each of the parties as users
of the shared pump and common pipeline or treatment system, and structures and shall be
construed to be a grant of an underground easement for non -shared or individual pipelines
conveying water to the respective residential Lots, in locations to be determined upon
conveyance of individual Lots by ROBERT F. PETTS and CATHLEEN E. HOLMES. In
the exercise of such easements surface disturbance shall be minimized, and the surface
restored to its previous estate following disturbance.
8. Nothing in this agreement shall by itself be construed as a
transfer of any water right or appropriation of waters as heretofore acquired or owned by
any party. Each party agrees to not interfere at any time with the proper use by any other
party of its interest in any water structure and shall indemnify and hold harmless all other
parties and users from any loss or damage or injury caused by the acts of said indemnifying
party.
9. The term hereof shall be perpetual.
10. This agreement shall be binding upon and inure to the benefit
of the parties, and their assignees or successors, and the easements and covenants granted
or agreed to herein shall be deemed to run with the land and shall encumber the land of
each party for the benefit of the properties of the parties as described herein.
3
11. The laws of the State of Colorado shall govern the validity, effect
and construction of this Agreement.
12. This agreement contains the entire agreement among the parties
and may not be modified in any manner except by an instrument in writing signed by the
owners of Lot 1 and Lot 2, Petts/Holmes Subdivision, Garfield County, Colorado.
IN WITNESS WHEREOF, the parties have signed this agreement on
the dates following their respective signatures.
ROBERT F. PETTS Date CATHLEEN E. HOLMES Date
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me on this day of
, 1997, by ROBERT F. PETTS and CATHLEEN E. HOLMES.
Witness my hand and official seal.
My commission expires:
STATE OF
COUNTY OF
Notary Public
The foregoing instrument was acknowledged before me on this day of
, 1997, by
Witness my hand and official seal.
My commission expires:
4
Notary Public
DECLARATION OF PROTECTIVE COVENANTS
PETTS/HOLMES SUBDIVISION
IN GARFIELD COUNTY, COLORADO
KNOW ALL MEN by these presents that ROBERT F. PETTS and
CATHLEEN E. HOLMES, being the owners of The Petts/Holmes Subdivision, a tract
situated in the Wh/2SW1/4 NW1/4SE1/4, the SW1/4SE1/4 and the SE1/4SW1/4 of Section 33,
Township 6 South, Range 87 West of the 6th P.M. and also in Lot 3 of Section 4, Township
7 South, Range 87 West of the 6th P.M., in Garfield County, Colorado, and being desirous
of protecting property values and the health, convenience, welfare, and use of the owners
of lots therein, does hereby declare and adopt the following restrictions, covenants, and
conditions, each and all of which shall be applicable to and run with such lots, as the same
appear upon plat thereof filed for record on , 1997, as Document No.
in the office of the Garfield County Clerk and Recorder, said restrictions, covenants, and
conditions being as follows:
1. Definitions. As used in these Protective Covenants, the following word,
terms, and letter designations shall have the following meanings:
a. "Subdivision" shall mean the Petts/Holmes Subdivision, filed of
record on , 1997 as Document No. in the Office of the
Garfield County Clerk and Recorder.
b. "Lot" shall mean a lot in the Subdivision.
c. "Owner" shall mean the owner of a lot in the Subdivision.
d. "Declarant" shall mean ROBERT F. PETTS and CATHLEEN
E. HOLMES as property owners and developers of the subdivision.
2. Limitations on Structures: Single Family Residential Use Only. The
property in the Subdivision is intended to be developed for single-family residential purposes
only.
a. No more than one (1) detached single-family dwelling shall be
erected upon any lot inclusive of an attached or detached garage for no more than four (4)
automobiles, and except for other building(s) for recreational functions, work shop, vehicle
storage, guest quarters, or other uses which are in accordance with Garfield County
Regulations.
b. No structure on any lot shall be constructed closer to any side
or rear lot line or any front lot line than the standard established under applicable Garfield
County codes. In siting structures, the effect upon drainage and erosion control on the site
lot and adjoining lots shall be considered so as to avoid negative impacts.
3. Resubdivision Prohibited. The resubdivision of a lot by an individual
lot Owner other than the Declarant is prohibited. Boundary line adjustments which do not
result in the creation of additional lots shall not constitute resubdivision.
4. Landscaping. Landscaping which prevents erosion and drainage into
adjoining properties shall be established and maintained to deter loss of soil and drainage
onto adjoining properties. Only non-toxic, biodegradable products shall be utilized in
establishing and maintaining yards and landscaping. The methodology described in
"Determining Safety Zone Dimensions, Wildfire Safety Conditions for Rural Homeowners"
(Colorado State Forest Service) shall be observed, to maintain minimum and defensible
space requirements for the required defensible space within building envelopes in areas
exceeding five percent (5%) grade.
5. No Temporary Structures. No structures of a temporary character,
trailer, basement, shack, garage, barn, or any other outbuildings of any description shall be
used on any lot, except on a temporary basis not exceeding nine (9) months by the Owner
or construction contractor constructing a dwelling on a lot. Compliance with the Garfield
County Regulations is required with respect to such temporary structure permitted under
this paragraph.
6. No Commercial Use. There shall not be permitted or maintained upon
any lot or any part thereof any trade, business, or industry, except "in-house or cottage
business" whose employees are limited to the immediate family of the owner, shall be
permitted and that Owners may rent or lease their dwelling for residential purposes when
not required for the Owner's use. Renting or leasing of the dwelling may only be done for
the entire dwelling. No apartments or other divisible use of the dwelling shall be utilized
by anyone other than the Owner and Owner's guests, and any such use shall be deemed a
commercial use and subject to immediate injunction by other Owners.
7. Fireplaces. No open hearth solid -fuel fireplaces shall be permitted in
residences, and not more than one (1) "new, wood -burning stove," as defined by C.R.S. 25-7-
407, et seq. and the regulations promulgated thereunder, shall be permitted in any residence.
8. Pets. No more than one (1) dog shall be kept and maintained on either
lot in the subdivision.
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9. Maintenance of Property.
a. The Owner of each lot shall keep the same clear and free of
rubbish and trash and noxious weeds and shall keep the structures thereon in good repair
doing such maintenance as may be required for this purpose.
b. No noxious or offensive conduct or activity shall be carried on
upon any lot or in any structure thereon which may constitute a heath hazard, nuisance, or
annoyance to the neighborhood.
c. In the event clothes lines, equipment, garbage cans, service yards,
woodpiles, or storage areas are not screened from view by natural elements screening shall
be accomplished by planting or construction to conceal the same from view of neighboring
lots and streets.
d. The outside burning of any trash, rubbish, or other materials
shall not be permitted without obtaining a burn permit from proper governmental author-
izing authority. Standard and approved outdoor barbecues and fireplaces shall be allowed
for the preparation of foodstuffs only.
10. Enforcement of Covenants and Restrictions.
a. Right of Action. Each Owner of the lots within the Subdivision
shall have the right to prosecute any action for injunctive relief and for damages by reason
of any violation of these Covenants. The prevailing party in any enforcement action shall
be entitled to an award of its reasonable costs and attorneys' fees.
b. Limitation of Actions. In the event any construction or
alteration or landscaping work is commenced upon any of the lands in the Subdivision in
violation of these Covenants, and no action is commenced within one (1) year thereafter to
restrain such violation, then injunctive or equitable relief shall be denied, but an action for
damages shall still be available to any party aggrieved. This one-year limitation shall not
apply to injunctive or equitable relief against other violations of these Covenants.
11. Covenants Run With Land. These Covenants are to run with the land
and shall be binding upon all parties and all persons claiming under them until the year
2018, at which time said Covenants shall be automatically extended for successive periods
of ten (10) years unless by vote reflected by signed documents duly recorded by each of the
then Owners it is agreed to change said Covenants in whole or in part.
12. Termination of Covenants. These Covenants may be lawfully
terminated pursuant to any applicable laws of the State of Colorado and Garfield County,
Colorado, and the provisions herein contained.
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13. Amendment of Declaration. This Declaration may be amended by a
writing, executed by each of the owners. Any amendment shall become effective upon
recordation, provided a properly certified copy of the resolution of amendment is placed on
record in Garfield County, Colorado, no more than six (6) months after said meeting.
14. Notice to Lot Owners. Written notice of matters pertaining to these
shall be sent to all owners by delivering such via regular first-class mail to the
addresses of such owners, as shown by the records of the Assessor of Garfield County,
Colorado.
15. Severability. The invalidation of any one of these Covenants by
judgment or court shall not affect any of the other provisions which shall remain in full force
and effect.
DATED this day of , 1997.
ROBERT F. PETTS CATHLEEN E. HOLMES
STATE OF
COUNTY OF
)
) ss
)
The foregoing instrument was acknowledged before me on this day
of , 1997, by ROBERT F. PETTS and CATHLEEN E.
HOLMES.
Witness my hand and official seal.
My commission expires:
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Notary Public